A Civil War-era decision about military commission trials took center stage in the U.S. Court of Appeals for the Fourth Circuit’s en banc decision last week upholding a district court injunction against ...

The U.S. Court of Appeals for the Fourth Circuit has affirmed in part a district court's nationwide preliminary injunction issued against the Trump administration's revised travel ban in International Re...

The Military Commissions were busy last week in the case against Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi, and Mustafa Ahmad al Hawsawi. In summarizing what happened...

In an interesting examination of the role of social media platforms and terrorism, the U.S. District Court for the Eastern District of New York dismissed two related complaints against Facebook on Thursd...

Earlier this week, the Supreme Court denied Mohammed Jawad’s petition for certiorari.

President Trump’s request that James Comey kill the investigation into former National Security Advisor Michael Flynn, which Comey reportedly refused, raises significant questions about Trump’s decision ...

After yesterday’s briefing by National Security Advisor H.R. McMaster, it is clear that the Washington Post article about President Trump’s disclosure of classified information to Russian officials was a...

Yesterday, citing unnamed officials, the Washington Post broke the news that President Trump disclosed highly classified intelligence to the Russian foreign minister and ambassador.

Military Commissions Chief Prosecutor Brigadier General Mark Martins gave the following remarks this Saturday on the occasion of military commissions hearings resuming this week in the 9/11 case.

As Lawfare readers may be aware, military commissions hearings are continuing this week in the 9/11 case. Lawfare will be covering the commissions as usual, with a bit of a twist: instead of daily, blow-...

Reading the tea-leaves of appellate argument can be tricky, but skepticism about the legality of President Trump’s revised Executive Order (EO) was a prominent strand in Monday’s Fourth Circuit en banc a...

Yesterday afternoon, the Fourth Circuit, sitting en banc, heard two hours of argument in IRAP v. Trump. At issue was District Judge Theodore Chuang’s nationwide preliminary injunction enjoining enforceme...